Questions answered by Gregory Paul Benton

Archived

Tenant rights for adult son taking care of elderly mother?

Gregory's answer | Answered on February 17, 2015

The problem lies with the powers granted in the POA. If mom is still mentally competent, then the POA is not yet empowered. Suggest you seek...

Archived

Mom died 2 weeks after "executor". No assets, but approx. $15K in her account which my brother-in-law (the executor) was also on

Gregory's answer | Answered on February 17, 2015

There are two different probate cases here. The one where the executor was appointed is one case and a new executor needs to be appointed. Don't...

Archived

Bank is needing subpoena of account statements for all accounts

Gregory's answer | Answered on February 17, 2015

What are you actually asking advice for in this post? Not clear. If the bank needs an actual copy of the death certificate, then provide one. If...

Archived

Forms to file so mother in-law cannot sell bike cosigned for but belongs to spouse and children

Gregory's answer | Answered on February 17, 2015

Suggest that someone talk to a probate attorney to determine the best steps to a proper distribution of an estate. The posting is very confusing...

Archived

What happens with the vehicles purchased before the marriage?

Gregory's answer | Answered on February 17, 2015

Since the vehicle was purchased during the marriage and paid for from CP funds, the vehicle is CP regardless of whose name is on the title.

Archived

My brother is adminstrator ovr my decese dad and he has his step kids living there the rest of the sibling want them to move

Gregory's answer | Answered on February 17, 2015

The step kids will need to pay rent to the estate. Has the brother filed a petition to be appointed administrator of the estate? If you name is...

Archived

I got married in reno and live in Vacaville but I want a divorce from my husband that I been with for 10 years but married for 7

Gregory's answer | Answered on February 17, 2015

If you are asking about where to file for divorce, you can file here in CA if you have lived here for at least 6 months prior to filing for divorce...

Archived

In a CA divorce settlement, can I transfer 401k funds to my spouse if it was earned after separation? tax free to both "QDRO?"

Gregory's answer | Answered on February 17, 2015

Yes you can do this but suggest that this be worded into the settlement agreement.

Archived

California. Does adding your husbands name to your chase checking account making it a joint account and make it CP.

Gregory's answer | Answered on February 17, 2015

Deciding what is and what isn't separate and community property is not based on what you feel is "fair" but on what the law has defined as to...

Archived

Can my sister in law force my mother in law (whom she has power of attorney for) to move?

Gregory's answer | Answered on February 17, 2015

No. Suggest that someone in your family here in CA be appointed conservator of you mother in law for both person and estate. Given her mental...

Gregory Paul Benton's Answers (19797)

Tenant rights for adult son taking care of elderly mother?

Mom died 2 weeks after "executor". No assets, but approx. $15K in her account which my brother-in-law (the executor) was also on

Bank is needing subpoena of account statements for all accounts

Forms to file so mother in-law cannot sell bike cosigned for but belongs to spouse and children

What happens with the vehicles purchased before the marriage?

My brother is adminstrator ovr my decese dad and he has his step kids living there the rest of the sibling want them to move

I got married in reno and live in Vacaville but I want a divorce from my husband that I been with for 10 years but married for 7

In a CA divorce settlement, can I transfer 401k funds to my spouse if it was earned after separation? tax free to both "QDRO?"

California. Does adding your husbands name to your chase checking account making it a joint account and make it CP.

Can my sister in law force my mother in law (whom she has power of attorney for) to move?